(A) Purpose and intent. Generally, public property has a specific or primary purpose. Public streets are intended to be used for vehicular and some pedestrian travel. Public sidewalks are intended for pedestrian travel. Public parks normally carry a recreational use and each public building or other public parcel of land will have its own specific purpose. For some public areas, use as a public assembly or public forum is an incidental use. Public places are not intended as a place of business for crime nor does any particular group of citizens have the right to appropriate public areas for their specific purpose and use without necessary permission. Public streets and sidewalks must remain open for public travel and law-abiding citizens must not be discouraged or intimidated from using such streets and sidewalks. There are two identifiable conditions which discourage legitimate public use of public property. Firstly, under some circumstances, unruly groups simply impede the flow of vehicular and pedestrian traffic. Secondly, soliciting for drug related activities will create public areas controlled by the criminal element of the community if allowed to go unchecked. This chapter is intended to restore the use of the streets, sidewalks and other public parks and public areas within the city to lawful use by law-abiding citizens.
(B) Definition. For purposes of this section, the term PUBLIC PLACE means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot, transportation facility, public vehicular area as defined in G.S. § 20-4.01, as amended from time to time, other publicly owned or leased property, school and school grounds or property, common areas of apartments or condominium communities, common areas of public housing projects, any place of business or amusement which is open to the public, or the doorways and entrances to any buildings which front on any of these places or a motor vehicle in or on any of these places, or any other place to which the public has ready access.
(C) Impeding traffic. It shall be unlawful for any person to congregate with others, loiter, stand around, lounge, sit upon parked vehicles, stop or leave cars or vehicles parked or standing with the intent or under circumstances evidencing the purpose to interfere with or impede the flow of vehicular or pedestrian traffic, to litter, to consume or use alcoholic beverages, or to otherwise disturb the public peace.
(D) Loitering for purposes of engaging in illegal drug activity.
(1) It shall be unlawful for any person to loiter, remain or wander about in a public place with the intent to or in a manner and under circumstances indicating the purpose to violate any provision of the North Carolina Controlled Substances Act, G.S. Chapter 90, Article 5 (G.S. §§ 90-86 et seq.), or any other law defining or prohibiting illegal drug activity.
(2) No arrest or charge is permitted under this subsection unless the circumstances establish probable cause to believe that the person intended to violate one or more of the provisions of the North Carolina Controlled Substances Act.
(E) Violation. A violation of this section is a misdemeanor as set forth in G.S. § 14-4.
(Ord. O-11-23, passed 8-3-2023)